Navy Fellas Realty Group

Real Estate, Residential sales and purchase

Understanding the Process of Selling a Home Through a Power of Attorney

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What Is a Power of Attorney in Real Estate?
Selling a home involves a lot of paperwork, legal decisions, and sometimes even travel. But what happens when a homeowner isn’t able to handle those responsibilities themselves? That’s where a Power of Attorney (POA) can come into play. A POA is a legal document that gives another person the authority to act on someone else’s behalf in legal or financial matters—such as selling a home.

This can be incredibly useful for homeowners who are elderly, ill, out of the country, or otherwise unavailable to manage the real estate transaction personally. The person granted this authority is called the “agent” or “attorney-in-fact,” and their role is to carry out the sale as if they were the homeowner.

When and Why You Might Use It
There are a variety of situations where selling a home through a Power of Attorney makes sense. For example, if a homeowner is in a hospital or nursing facility and cannot physically attend meetings or sign documents, their agent can handle the sale. Military personnel stationed overseas often use POAs to allow a trusted family member or friend to manage their property back home. It’s also helpful for homeowners relocating for work who need someone else to handle the sale while they transition.

How the Process Works
The first step is creating the Power of Attorney document, which must be signed and notarized according to your state’s legal requirements. It’s crucial to ensure that the POA specifically includes the authority to sell real estate. Some POAs are general and cover broad financial matters, while others are limited to real estate transactions.

Once the POA is in place, the agent can list the property, sign contracts, and attend the closing on behalf of the homeowner. However, most title companies and lenders will require a copy of the POA in advance to review its validity, and some may require it to be recorded with the county before closing.

Important Considerations
It’s important to remember that the agent under a POA has a legal and ethical duty to act in the best interests of the homeowner. Misuse of a Power of Attorney can lead to serious legal consequences. For this reason, the homeowner should only grant this power to someone they fully trust.

Additionally, not all POAs are accepted in every real estate situation. Some title companies or lenders may have specific language or requirements, so it’s a good idea to work with a knowledgeable real estate agent and attorney to make sure everything is set up correctly.

Using a Power of Attorney to sell a home can make the process much smoother for homeowners who are unavailable or unable to manage the sale themselves. With proper planning, clear documentation, and a trusted representative, a POA ensures the transaction moves forward smoothly, even in challenging circumstances.

Understanding the Process of Selling a Home Through a Lease-Option Agreement

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What Is a Lease-Option Agreement?
A lease-option agreement is a creative strategy that allows homeowners to sell their property by offering a potential buyer the opportunity to lease the home for a specified period, with the option to purchase it at the end of the lease term. This arrangement combines a standard lease agreement with a separate option-to-purchase contract. It’s an ideal solution in slower markets or for sellers looking to attract buyers who may not yet qualify for a traditional mortgage.

How the Process Works
In a lease-option setup, the seller and tenant-buyer agree on two main components: the lease terms and the purchase option. The lease typically lasts one to three years and functions like any standard rental agreement. Alongside this, the buyer pays an upfront, non-refundable option fee that secures their right to buy the home later at a predetermined price. This option fee is often applied toward the eventual purchase if the buyer decides to move forward.

Benefits for Sellers
For sellers, lease-option agreements offer several advantages. First, they open the door to a broader range of potential buyers, including those working on improving their credit or saving for a down payment. During the lease term, the seller continues to collect rental income—often at a premium rate. If the buyer chooses not to exercise the purchase option, the seller keeps the option fee and can re-list the home or pursue another buyer. This setup can also provide more flexibility and potential appreciation over time.

Risks and Considerations
While beneficial, lease-option agreements come with responsibilities. Since the seller retains legal ownership during the lease, they may still be responsible for certain taxes, insurance, or maintenance, depending on how the agreement is structured. It’s also possible the buyer may decide not to purchase, especially if market values decline, leaving the seller back at square one. To avoid misunderstandings, it’s essential to clearly outline who is responsible for what is in the lease-option contract.

Lease-option agreements are not the right solution for every seller, but they can be a powerful tool when used strategically. They provide flexibility, income, and the possibility of a future sale, while giving buyers the time they need to prepare for homeownership. Sellers considering this route should work closely with a knowledgeable real estate agent and legal professional to ensure the contract is airtight and aligns with their goals.

What Closing Costs Will Look Like When Selling Your Home

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Selling your home can be exciting and emotional. You may be focused on the potential profit from the sale, it’s essential to understand the costs that come with closing the deal. Closing costs can significantly impact your net proceeds, so being prepared will help you avoid surprises and plan accordingly. 

1. Real Estate Commissions

The largest portion of your closing costs is usually the commission paid to real estate agents. This fee is typically split between the listing agent and the buyer’s agent and ranges from 5% to 6% of the sale price. For instance, if your home sells for $300,000, expect to pay $15,000 to $18,000 in commissions. While this may seem like a hefty amount, it’s an investment in marketing your property and ensuring a smooth transaction.

2. Loan Payoff Costs

If you have an outstanding mortgage on your home, the balance must be paid off at closing. This includes:

  • Your Remaining Mortgage Balance: The total amount still owed on your loan.

  • Prepayment Penalties: Some lenders charge a fee for paying off a mortgage early. Check your loan terms to see if this applies to you.

  • Home Equity Loans or Lines of Credit: Any secondary loans tied to your property must also be settled.

3. Transfer Taxes and Fees

State and local governments typically charge taxes and fees to transfer property ownership. These can vary widely based on your location but often include:

  • Transfer Taxes: A percentage of the home’s sale price.

  • Property Taxes: Any unpaid property taxes must be settled before closing. In some cases, you may need to pay a prorated amount if taxes are due shortly after the sale.

4. Title Insurance

In many cases, sellers are responsible for paying for the buyer’s title insurance policy. This insurance protects the buyer from potential title issues, such as liens or ownership disputes, that could arise after the sale. The cost varies depending on the property’s sale price but is typically a few hundred dollars.

5. Attorney Fees

In some areas, hiring a real estate attorney is customary or required. If you enlist legal help, their fees will be included in your closing costs. These fees ensure all contracts and paperwork are legally sound and protect your interests during the transaction.

Additional Costs to Consider

There are other potential costs that may arise, depending on your specific sale agreement or the buyer’s requests:

  • Outstanding Liens: Any unpaid debts tied to your property, such as contractor liens or back taxes, must be cleared.

  • HOA Dues: If your home is part of a homeowners’ association, ensure your dues are current.

  • Termite Inspections or Home Warranties: Sometimes sellers agree to cover these costs as part of the negotiation process.

  • Repair Credits: Buyers may request credits for repairs identified during the home inspection.

How to Prepare for Closing Costs

Understanding and planning for these costs can help you avoid surprises at closing. Here are some tips:

  • Request a Net Sheet: Your real estate agent can provide a seller’s net sheet, which estimates your closing costs and expected profit.

  • Negotiate Costs: In some cases, you can negotiate to share certain expenses, such as transfer taxes, with the buyer.

  • Keep Records: Have all necessary documents, including loan payoff statements and tax records, ready to streamline the process.

While closing costs can reduce your overall profit, being informed and prepared allows you to make better decisions. Give us a call to ensure you understand each expense and maximize your net proceeds.

Selling your home is a significant milestone and understanding closing costs is just one part of the process to help you achieve a successful and stress-free sale.